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1760817,608 1 ORDINANCE NO. 2 3 AN ORDINANCE TO AMEND SECTION 28 -28 OF THE 4 LITTLE ROCK CITY CODE OF ORDINANCES (REVISED 5 1988), PROVIDING FOR A SCHEDULE OF GARBAGE 6 COLLECTION FEES AS SET OUT THEREIN; 7 DECLARING AN EMERGENCY; AND FOR OTHER 8 9 PURPOSES. 10 WHEREAS, the City of Little Rock, Arkansas owns and 11 operates a waste collection and disposal system; and 12 13 WHEREAS, the City issued revenue bonds to finance the 14 construction of betterments and improvements to the system; and 15 WHEREAS, the City's current schedule of garbage collection 16 fees is inadequate to provide funds to repay these revenue 17 bonds, and the City 'agreed to establish rates adequate to repay 18 the bonds in connection with their issuance. 19 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF 20 21 THE CITY OF LITTLE ROCK, ARKANSAS: 22 SECTION 1: Section 28 -28 (a) of the Little Rock City Code 23 (Revised 1988) is hereby amended to read as follows: 24 "Each dwelling unit will be charged without exception 2 5 the sum of Fourteen Dollars and Eighty Cents ($14.80) 25 per month effective November 15, 1997. In addition, 27 27 effective March 15, 1998, this fee will be increased by $1.55, and each dwelling unit will be charged 29 Sixteen Dollars and Thirty -five Cents ($16.35) per 30 month. Each billing unit will be provided a single 31 City owned solid waste container (supercart). Fees 32 will be collected monthly and billed on the statement 33 for water for said premises and be the debt and 34 obligation of the person, firm, or corporation in 35 whose name the water meter is listed. 31 6 M M = M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 0 0 SECTION 2: Section 28 -28 (b) of the Little Rock City Code (Revised 1988) is hereby amended to read as follows: "Commercial, industrial and institutional establishments utilizing City collection services will be charged a fee of Seven Dollars and Twenty Cents ($7.20) per cubic yard of solid waste handled, but not less than a minimum charge of Twenty -eight Dollars and Eighty Cents ($28.80) per month effective November 15, 1997. Such fees will be collected monthly and be billed on the statement for water for the premises served and shall be the debt and obligation of the person, firm or corporation in whose name the water meter is listed." SECTION 3. EMERGENCY. The ability to meet the costs necessary to deal with requirements for solid waste disposal is essential to the public health, safety and welfare. An emergency is declared to exist and this ordinance shall be in full force and effect from and after November 15, 1997. PASSED: November 4, 1997 ATTEST: gmg BOBBIE HANCOCR APPROVED AS TO FORM: C THOMAS M. CARPENTER CITY ATTORNEY APPROVED: 399 r � ORDINANCE NO. 17,609 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF LITTLE ROCK AND THE CITY OF CAMMACK VILLAGE FOR SEWER SERVICE TO THE CITY OF CAMMACK VILLAGE; AND DECLARING AN EMERGENCY. 391 WHEREAS, the City of Little Rock, Arkansas ( "Little Rock ") owns a sewage disposal works and operates said works under the authority of the Little Rock Sanitary Sewer Committee ( "the Sewer Committee ") acting through the Little Rock Wastewater Utility (the "Utility "), and, Little Rock is authorized by A.C.A. §14- 235 -212 to contract with another city or political subdivision to provide sewage treatment for that entity to the extent of the capacity of the sewage disposal works without impairing the usefulness of said works to the owners upon such terms and conditions as may be fixed by the Sewer Committee and Little Rock and approved by ordinance of the respecting contracting parties; and WHEREAS, it is in the best interest of Cammack Village and Little Rock to enter into a new contract due to the expiration of the prior contract dated September 15, 1982, and the parties mutually desire now to enter into a contract for the treatment of sewage by the Little Rock Sanitary Sewer Committee acting through Little Rock Wastewater Utility upon the terms and conditions set forth in the contract attached hereto incorporated by reference j 382 herein for a period not to exceed 15 years pursuant to A.C.A. §14- 235- 212(a)(2); and WHEREAS, the treatment of sewage in accordance with said contract will not impair the usefulness of the sewage disposal works owned by the City of Little Rock, and the City of Little Rock, by its City Board of Directors, desires to enter into said contract and authorize the Mayor, City Clerk, Sewer Committee and the Manager of the Utility to execute said contract; and WHEREAS, the provisions of A.C.A. §14- 235 -212 require approval by ordinance of the respective contracting parties and the Sewer Committee has recommended approval of the contract for treatment of the sewage in accordance with the provisions of said contract; NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the City of Little Rock, Arkansas: SECTION 1. That the contract attached hereto between the City of Little Rock and Cammack Village for sewer service by the City of Little Rock for the treatment of sewage from Cammack Village, subject to the charges, collections and all provisions contained in the applicable Little Rock sewer ordinances in effect at the time establishing rates for sewer service based on outside city rates, as amended or changed in the future during 2 • i the term of this contract as specified therein, including any B 8 3 extensions thereof, is hereby approved. The Mayor, the City Clerk, the Chairman of the Sewer Committee and the Manager of the Little Rock Wastewater Utility are authorized to execute the contract. SECTION 2. That since the contract approved by this Ordinance is of great importance to the health and welfare of the citizens of the City of Little Rock, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage and approval. PASSED: November 4 1 1997. ATTEST: APPROVED: City Clerk Robbie Hancock Ma o Jim Dailey 3816 CONTRACT THIS CONTRACT is entered into by and between the City of Little Rock, Arkansas and the Little Rock Sanitary Sewer Committee (both hereinafter collectively "Little Rock" and sometimes separate references to "the Sewer Committee ") and the City of Cammack Village, Arkansas ( "Cammack Village ") by their respective duly authorized undersigned representatives; W I T N E S S E T H: WHEREAS, Little Rock is the owner of certain existing public sewer facilities consisting of pipes six (6) inches or larger in diameter and manholes with covers and appurtenances thereto all situated within the city limits of Cammack Village ( "Sewer Facilities "), which Little Rock acquired by contract dated September 15, 1982 between Little Rock and Cammack Village, together with certain utility easements or rights of way in which the Sewer Facilities are located, and the Sewer Committee has operated and maintained said Sewer Facilities since the date of that contract in accordance with the provisions contained therein; and WHEREAS, the contract dated September 15, 1982, between Little Rock and Cammack Village is subject to the provisions of A.C.A. X14- 235 -212 and the statutory term of fifteen (15) ears which expired on September 15, 1997, and the parties Y P P C95, desire to renew that contract for sewer service on the terms and conditions herein set forth; NOW, THEREFORE, in consideration of the mutual benefits to be derived, it is hereby agreed by and between the parties: 1 Sewage Treatment and Extension of Sewer Service by Little Rork. Little Rock, acting through the Sewer Committee operating the Little Rock Wastewater Utility, agrees to perform the treatment of sewage from Cammack Village, as discharged from Cammack Village to Little Rock's sewer system in accordance with this contract into the existing sewer facilities located in that area shown on the map marked Exhibit "A" attached hereto and incorporated by reference herein, subject to the provisions of this contract; and, in consideration of the terms and conditions set forth herein and Cammack Village's covenant to perform and comply with all provisions of this contract, including Cammack Village's cooperation in the enforcement of all rules, regulations, ordinances, and laws referred to herein and /or applicable to the use, operation and maintenance of Little Rock's sewer system referred to in this contract for 2 r� � ■� w� � w w w�� w� w w� SSG the duration thereof, as well as any continuations or extensions thereof. 2. Charges for.Sewer Service. All charges for sewer services provided by Little Rock to customers residing within the city limits of Cammack Village and /or to any customer through the Sewer Facilities referred to in this contract and located in the area identified on Exhibit "A" attached hereto shall be included on the water bills of Little Rock Municipal Water Works in accordance with the existing city ordinances establishing rates for sewer service based on outside city rates, as those rates are currently established and as these rates may be adjusted from time to time. In the event such sewer service is provided to customers who do,not receive water service from Little Rock Municipal Water Works and, therefore, receive no water bills which would otherwise also contain sewer charges, those customers shall be billed in accordance with such procedures as Little Rock, acting through the Little Rock Sanitary Sewer Committee by the Little Rock Wastewater Utility { "LRWU ") may establish in order to collect the outside city sewer rates for such sewer service. 3 387 3. Sewer Facilities. No sewer line with an internal diameter of less than six (6) inches shall be considered a public sewer, or otherwise be maintained by the Sewer Committee, acting through LRWU, and the "point of service" for maintenance responsibility assumed by the Sewer Committee shall be the "wye" connection or other means of connecting any building sewer to the public sewer. 4. Application of City of Little Rock Sewer Ordinances. (a) The operation and maintenance of the Sewer Facilities referred to herein, including any present or future service or extension thereof, shall be governed solely by the provisions of all existing and future ordinances enacted by the City of Little Rock, Arkansas relating to the operation and maintenance of sewers including, but not limited to, sewer use and pretreatment requirements of any nature whatsoever; and the provisions of these ordinances shall be binding on the parties hereto, including the rates as may be from time to time specified in those ordinances. (b) The City of Cammack Village agrees that the authority of the Sewer Committee includes, but is not limited to, the authority to: (1) Deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the Publicly Owned Treatment Works ( "POTW ") owned by the Sewer Committee by Industrial Users where such contributions do not meet applicable Pre - treatment Standards and Requirements (as same are defined in applicable Federal and Arkansas statutes and regulations and ordinances of the City of Little Rock, as the same may be amended from time to time) or where such contributions would cause the POTW to violate its National Pollutants Discharge Elimination System ( "NPDES ") permit; (2) Require compliance with applicable Pretreatment Standards and Requirements by Industrial Users; (3) Control, through permit, contract, order, or similar means, the contribution to the POTW by each Industrial User to ensure compliance with applicable Pretreatment Standards and Requirements; (4) Require (a) the development of a compliance schedule by each Industrial User for the installation of Standards and Requirements and (b) the submission of all notices and self- monitoring reports from Industrial Users as are necessary to assess and assure compliance by Industrial Users with Pretreatment Standards and Requirements, including but not limited to the reports required in Volume 40 of the Code of Federal Regulations at 40 C.F.R. §403.12, as adopted into Section 4 of Regulation No. 6 of the Regulations for State Administration of the National Pollutants Discharge Elimination System of the Arkansas Department of Pollution Control and Ecology, or any future amendment to these regulations, as same are administered and enforced by the Arkansas Department of Pollution Control and Ecology; (5) Carry out all inspection, surveillance and monitoring procedures necessary to determine, independent of information supplied by Industrial Users, compliance or non- compliance with applicable Pretreatment Standards and Requirements by Industrial Users. Representatives of the POTW shall be authorized to enter any premises of any Industrial User in which a Discharge source or treatment system is located or in which records are required to be C7 sa( kept under applicable federal or state regulations including but not limited to 40 C.F.R. §403.12(m) to assure compliance with Pretreatment Standards. Such authority shall be at least as extensive as the authority provided under Section 308 of the Clean Water Act of 1972, as amended, and any applicable Arkansas regulations and statutes including the Arkansas Water and Air Pollution Control Act, Act 472 of 1949, as amended, and ordinances of the City of Little Rock, as same may be enacted or amended from time to time; (6) Obtain remedies for noncompliance by any Industrial User for violation of any Pretreatment Standard and Requirement. The Sewer Committee shall be entitled to seek injunctive relief for noncompliance by Industrial Users with Pretreatment Standards and Requirements. If the laws of the State of Arkansas now or hereafter authorize Cammack Village to enact ordinances or other local legislation to assess civil or criminal penalties for noncompliance by Industrial Users with Pretreatment Standards and Requirements, Cammack Village covenants with the Sewer Committee that it will enact such ordinances or other local legislation which the Sewer Committee may request as soon as practical, and Cammack Village expressly agrees that this 7 covenant may be enforced by the Sewer Committee in a Court of Equity in accordance with the law of Arkansas in Pulaski County, Arkansas, which the parties expressly stipulate is the appropriate venue for any such action. If the laws of the State of Arkansas do not now or hereafter authorize such actions, then the Sewer Committee is authorized to enter into contracts with Industrial Users to assure compliance by Industrial Users with Pretreatment Standards and Requirements. Any such contract will provide for liquidated damages for violation of Pretreatment Standards and Requirements and will include an agreement by the Industrial User to submit to the remedy of specific performance for breach of contract, enforceable by a court situated in Pulaski County, Arkansas. (7) The definitions set forth at 40 C.F.R. §403.3, as amended, are expressly incorporated by reference herein as if set forth word for word and a copy thereof is attached hereto marked Exhibit "B ". 5 Future CQnnections with the Sewer System in Cammack Village. Cammack Village shall have no authority to extend or permit any future connections to the Sewer Facilities referred to in this Contract and Cammack Village M agrees not to allow or permit any sewer extension to any area outside the incorporated area of Cammack Village as the boundaries exist on the date when this Contract is executed or if they are changed in the future. Cammack Village further agrees not to allow or permit any future sewer main extensions and /or sewer connections within the city limits of Cammack Village (as shown on Exhibit "A ") served or not currently served without the prior approval in writing of the Little Rock Sanitary Sewer Committee after a written application for such connection with information of the reasons and proposed location of the connection. 6. Future Extensions of SQrvice. Little Rock and the Sewer Committee shall not be obligated for and assume no liability for any future extension of service not specifically set forth herein. Anyone desiring such an extension of service beyond the existing facilities hereby served after receiving the necessary written permission, as specified herein, shall bear the full cost thereof, including all costs of any nature whatsoever involved in effecting such extension or making available such service and the payment of any connection fees set by the Little Rock Sanitary Sewer Committee, which shall have the sole 7 authority to establish such fees. The further extension of service shall be in accordance with the rules and regulations of the Little Rock Sanitary Sewer Committee and subject to its approval at the time of the extension of service. 7. Cammack Village Comprehensive Development Plan. zoning Ordinance and Pre Treatment Ordinance. Cammack Village covenants as a condition of sewer service under this Contract that it has a comprehensive development plan and zoning ordinance. Cammack Village covenants to maintain and enforce at all times said comprehensive development plan, and zoning ordinance and cooperate with Little Rock for the enforcement of such ordinance. 8. Title and Maintenance Responsibility for Public Sewer Facilities Located and /or to be Located in Cammack Village. Title to and maintenance responsibility for any and all public sewer facilities subject to this contract being defined as those pipes or conduits having a diameter of six (6) inches or larger, normally equipped with manholes located in rights of way or easements together with all appurtenances thereto, shall be in Little Rock, provided however, any storm water facilities are not included as part 10 of the Sewer Facilities herein referred to, and any storm water facilities shall remain the property and sole responsibility of Cammack Village. 9. Title and Maintenance Responsibility for Building Sewer or Private Service Lines. Title to and maintenance responsibility for any building sewer connecting each customer's public facilities to the public sewer line located in Cammack Village or private service line or to any extension thereof shall remain with the respective property owner, even though a portion of the building sewer or service line may be installed in the public right of way or easement; and Little Rock shall have no liability or responsibility for the operation or maintenance of said building sewer. 10. Term of Contract. Unless terminated earlier, the term of this Contract shall be for a period of fifteen (15) years from the date hereof at which time it will expire; provided, however, this Contract may be extended by the agreement of the parties hereto upon notice given by either party prior to the end of the term and adoption, thereafter, of approving ordinances by Cammack Village and the City of Little Rock, Arkansas. 11 11. Assignment or Transfer. This Contract and the rights hereunder shall not be assigned or transferred by Cammack Village, and shall be binding upon the successors of either party. 12. Taxes. Cammack Village covenants and agrees to pay any and all taxes levied by the United States and the State of Arkansas for the services provided and treatment of sewage pursuant to this contract, and Cammack Village shall comply with all federal, state, county and municipal laws, ordinances, rules and regulations pertaining to the treatment of sewage; and Cammack Village further agrees to indemnify and hold harmless Little Rock for any loss or damage of nature whatsoever sustained by Little Rock occasioned by the Cammack Village's failure to comply with said laws, ordinances, rules and regulations by the employees or authorized representatives of Cammack Village. 13. Termination. This Contract may be terminated by Little Rock if Cammack Village fails to comply fully with any of the terms and provisions of this Contract. Termination of this Contract may occur only after actual written notice is given of the nature of the breach. In the event of the termination of this Contract, all obligations 12 of Little Rock to treat the sewage under the agreement shall cease and Cammack Village, including all residents and /or customers shall stop using the Sewer Facilities and Cammack Village shall immediately remove the sewer connection(s) to Little Rock's sewer system provided herein. It is the intention of the parties hereto that Cammack Village shall be solely responsible for the treatment of its sewage upon termination of this Contract, failing which Little Rock shall be entitled to recover from Cammack Village all damages sustained by Little Rock of any nature whatsoever proximately caused by any violation by Cammack Village or its residents of any provision(s) of this Contract, including but not limited to any damages sustained by Little Rock due to the failure of Cammack Village or its residents to remove said sewer connection(s) and cease use of the Sewer Facilities, as well as any additional costs and expenses incurred by Little Rock for treatment of said sewage in the event Cammack Village fails to remove the sewer connection(s) to Little Rock's sewer system. 14. Notices. All notices hereunder shall be in writing and shall be deemed to have been duly given when sent by certified mail, postage prepaid, as follows: 13 If to Little Rock: Little Rock Wastewater Utility AND City of Little Rock 221 East Capitol Avenue City Hall, 500 W. Markham Little Rock, Arkansas 72201 Little Rock, Arkansas 72201 Attn: Manager Attn: City Manager and Mayor If to Cammack Village: City of Cammack Village City Hall 2710 North McKinley Little Rock, Arkansas 72207 Attention: Mayor 15. 22date or Ragulat;ons. Cammack village agrees to abide by the rules and regulations published from time to time concerning the treatment of sewage by Little Rock; and all applicable federal, state, county and municipal regulations concerning construction, operating, maintenance, and protection of treatment of sewage pursuant to this Contract. Little Rock by the Sewer Committee acting through LRWU shall have the right at all times, if it deems necessary or appropriate, to inspect all individual tie -ons, connections to or extensions of the Sewer Facilities referred to in this Contract. 16. Governmental Function. The parties recognize that treatment of sewage pursuant to this agreement is a governmental function and this Agreement shall be performed by the parties hereto in their respective governmental capacities. 14 17 Invalid Prov: siQn Shall Not Invalidate Contract. The parties agree that in the event any paragraph, sentence, clause or word(s) of this Contract shall be held to be invalid, illegal or unenforceable, all other terms and provisions of this Contract shall remain in full force and effect, and this Contract shall be construed as if not containing the particular provision or provisions held to be invalid. 18. Contract Legally Binding. All parties to the Contract agree to the terms contained herein and represent to each other that the terms of this Contract have been duly accepted and approved by the authorized representatives of the parties hereto; and all parties covenant to each other that all action required by law has been taken to make this Contract legally binding and enforceable and that the parties hereto shall have all of the rights and remedies under the law of Arkansas to enforce the terms of this Contract, any action on which the parties stipulate and agree shall be brought in Pulaski County, Arkansas. is IN WITNESS WHEREOF, the parties have caused this contract to be executed by their duly authorized representatives on the 'ice day of `n rjyyM1_crA , , 1997. CITY OF LITTLE ROCK, ARKANSAS By: Mayor LITTLE ROCK SANITARY SEWER COMMITTEE By: Chairman ATTEST: Manager Little Rock Wastewater Utility Attest: CITY OF CAMMACK VILLAGE, ARKANSAS By: Mayor 16 ig -25 -97 14:04 Cammack Police Dept- 501 664 -4376 P -02 700 17, B ° q W. d.J o to 0� ilk G70o q 11• !� 1 !z 1O ® ¢ I z W47 PALl5 ADEE oft. G70O 0 - UREENW000 iz GaE ENw0*0 6700 GGoO 65001 6"Q. .6300 I (-2-00]"00' -200 16100 6000 0 KENMUOD ® KENW000 - >;700 1 I I IONCW000 I 1 0 500 4,300 6200 610 000 �6QQ 6 WIO GOOO _ J o I 1 Z ? a BRENT W0, 1 Q 046700 6600 L500 6 6300 600 GRE NTWOOO ' i CORPORATE LIMITS /,100 � `600 43 � 11 t' 3/8 sew00Ew I o - 000 " STAMPS - - . Tcy CORPORATE LIMITS EXHIBIT ° A a • E403-1 i i 40 CFR Ch. 1 (7-1 -96) 4W.10 Dovelopmeat and eubmiaslon of rail or oth'rwise introduced into NPDES state pratreatmaet prug. POT+Aa = def�nad below In § 40911k: 403.11 Approval prooedurei for POTw (2) To VOTWs which receive pratreavrrent programs and FOTW grant wastewater tr6m sources subject to Na- 40112 requite. 403.19 eme¢te [or PO'CW'S clonal Pre truant Itanasrda; and ladoarrial wars. Industrial users. (3) To Sts which have or are ap- 4M.19 Variances from ratagadml plying for atfenal Pollutant Die - protraav eat atandarde for fuadamea- charge Ellminatlon System (NPDES) tally different factors. programs approved in accordance with 403.14 Confidentiality. section 403 of he Act; and 409.15 vsa oalculatlo¢. 4os1s Up"t Dpeat pcoYtatoo_ (4) To arty n iw or existing scarce sub - im-17 Rytnse_ ject to Preticatruent, Standards. Vs- 4=19 Modificatlna of POIW Prab saac ut tional pretreatment Standards do not Programs apply to s0 which Discharge to a AFPernnr A 7u PA 403- -PROGR v 0°mnrrct sewer which I is not connected t0 a MtUORAXDDM POTW Treat ent Plant. ArPQranr B 7o PART 431-- {Iisaeave¢7 C PART 8f99, Jp. 19, 19e1, fie amended at APPCNDa IV lo3- {RasstrvsDl 146 FR ArPeRDOr D xa Pwar 4o3�er.aergn IRbvs- 9. FR 777e, J¢D, 7 , 1991: W FR atiO3'� Jude �, . 21, TsrAi. SnaCATE00rtn.8 CONME RED DM= )geS) FOR PDDr'0986 OF Ttra CoDLRINtD WAarsaraswx FUWx §40;1.9 Obj lvea o[ general APP4RrD0( E TO PAT 409- +4ALIPLWO PROs- pretroatm at regulations. nmr.. ArrmtDIXF (Rd4ERv5Dl By establishing the responsibilities APPEan°ra w PART 401— Pollata¢ts Eligible of gOVer n cr(tt and industry to imple- for a Removal Credit ment Nations Pretreatment Standards AvlUoatrr: See. 54(e)(2) of the Clean Water this regulatiO fulfills three objectives: Act of 1971. (Pub. L. 852173 aectlusa (a) TO pregqent the lntraductton of 234(b)(iXC), 27e(bX3XCXi(1), 901(bX1)(AX11), pollutants I to POTWs which will 901(b)(2XA)(10. 90l(b)(2)(C). 901(hX5), 901(7)(2), Suterfere w( h the operation of a 304(e), b04(e), 3Vf, 309, 309, 402(b), 405 and POT(ir. inclur)Sng interference with its 501(&) of the Federal Water Pollution (bntrol t pal sludga- use or dlapoa of munici Act (Putr. L. 93500) ea amended by the Clean Water Act of 19V sad the Water Qudity Aot , (b) To pregant the Introduction of of 1892 (Pab_ L. 1WA)- pollutants into POTWS which will pass souscc. 4e FR 9419, Jan. 28- 1891- unless through the treatment works or other - other, l noted. wise be incobg ps.tlble with such works: and i §409.1 Parpeac and appllcabilitY• (c) To Improve opportunities to recy- (a) This part implements sections cle and reel m municipal and indus- 204(bX1XC), 208(bX2) (C)(111), trial wastew rs and sludges. 211(bX1XAXii). 801(b)(2) (A)(ii). 301(h)(S) and 301(1X3), 504 (o) and (g). 907, 908.305. 140&3 Da" tlonn. 402(b), 406, and 501(a) of the Federal For the p-1—see of Chia part: Water Pollution Control Act as amend- (a) Except I as discussed below, the ed by the CLea.a Water Act of 1977 (Pub. general defii4tions, abbreviations, and a 95 -217) or "Me Act". It establishes methods of s ysls set forth in 90 CFR responsibilities of Fedorel, State, and P 401 shal apply to this regulation - m government, industry and the public to implement National (b) The rrn Act means Federal Pretreatment StandatHa to control poi- Water Poll lion Control Act, also lutants which paas through or Interfere kAOWn fie tre Clean Water Act, as with treatment processes in Publicly amended. 33 (i.S.C. 125(, at seq. Authar(fp Owned Treatment Works (P1YTW9) or (o) The tlerm Approval the Dtirector in an NPDES State which may contaminate sewage sludge. means (b) This regulation applfea: with an app vod State pretreatment (1) To pollutants from nan -domeatic program andrths avorogriato Roglonal sources covered by Pretreatment Admialsu'aW In A non -NPDES Sle" Standards which are indirectly dia- or NPDES State without an approved charged into or tranammod by track or State Pcetrealtment program - 10 °011 EAVH [of T °-a2 r/-\ � o 0 (d) The term Appra0ed POTW pretreatment Program or Program or POTW Pretreatment Program means a program admiafaterad by a PO'1'W that meets the criteria established in this regulation (15403.8 and 4039) and which bas been approved by a Regional Ad- tniniatra.tor or State Director in so- cordance with 5403 -11 of this regale - tion. (e) The term Director means the chlof administrative officer of a state or Iateratate water pollution control agency with an NPDRS permit pro- gram approved pursuant to section 402(b) of the Act and an approved State pretreatment program_ (f) The term water Management Divi- sion Dirmctar moaas one of the Directora of the Water Management Divisions within the Regional omcaa of the Envi- roomental Protection Agency or this person's delegated representative. (g) The term redirect Discharge or Do- charge means the introduction of pol- lutants late a POTW from any nan-do- meetic source regulated under section 307(b), (c) or (d) of the Act. (h) The term Industrial User or User mesas a source of Indirect Discharge. (i) The term Interference means a Die - charge which, alone or in conjunction with a discharge or discharges from other sources, both: (1) Inhibits or disrupts the POTW, its treatment processes or operations, or Its sludge processes, use or disposal: and (3) Therefore is a cause of a violation of any requirement of the PoTvps NPDF.S permit (including an increase in the magaituda or duration of a vio- lation) or of the prevention of sewage sludge use or diaposal in compliance with the following statutory provisions and regulations or permits Issued thereunder (or more stringent State or local regulations); Section 405 of the Clean Water Act, the Solid Waste Dis- posal Act (SWDA) (including title 11, more commonly referred to as the Re- source Conservation and Recovery Act (RCRA), and Including State regula- tions contained In any State sludge management plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act. the Taxic Substances Control Act, and the Marine Protection, Research and Sanctuarlea Act. (j) The term Xc Standard, Preheat. Standard means w taming pollutant d) mnlgated by the 1 with section 307 (b) which applies to Im term Include pis limits established p ()cXl) The term ate building, strvc at." tion from wh1 be a Discharge of I actuation of which the publication Pretreatment Steal 307(c) of the Act wb ble to such source are thereafter pron once with that secti (i) The building, e installation Is cons which no other soar (ii) The building, or installation to process or product) causes the disehan an existing source-! (tit) The praduc generating proem structure, facility substantially Inde Ing source at the mining whether t independent, fac to which the new with the existing p to which the new the same gene the existing e0 orcd. I I �aa3 -3 Pretreatmmrt en SYandwd. or rogulatiaa con- limits pro - P� to accordance d (c) of the Act, trial Users. Tide rive discharge east to 1403.. V Sautae moans , facility ar in- 4 that" is or may 1 utanta, the con - mmencod after of proposed irds under section kh will be appllca- �f such Standards ulgated In accord - �n, provided that: restore, facility or rooted at a site at e Is located. or structure, facility ally replaces the in equipment that a of pollutants at an or wasWwa or a of the building, or installation era ndent of an esist- a site. In deter- rse substantially to much es the extent acllity Is integrated )ant, and the extent' �Y typo Lyla activity in typo oC activity as should be eansid- (2) Construction on a site at which en existing source ib located results in a modification rattier than a new source if the construction dose not create a new building, structure, facility or in- stallation meatl,g the criteria of para- graphs (k)(1Xii)r or (1rXiXlii) of this section but othdrwise alters, replaces. or adds to existing process or produc- Lion equipment) (3) Construction defined under tits menced if the own G) Begun, or ca of a coutinu4s program: I of a new source as paragraph has com- er or operator has: used to begin ex part onalte construction (A) Any plac meat, assembly, or 1n- 5catlation of i4ilities or equipment; or EXHIBV a 6 e ((I ale '1 -� 4) `02 M g 403.3 40 CFR q,. 1 (7 -1-% EdWO(O (B) Significant site preparation work Including clearing, excavation, or re- moval of existing buildings, structures, or facilities which to necessary for the placement, assembly, or Installation of new source facillties or equipment; or (ft) Entered Into a binding contrac- tual obligation for the purchase of fa- cilitfee or equipment which are In- tended to be used In its operation with- in a reasonable time. options to Duo- chase or contracts which can be termi- nated or modified without substantial loss, and contracts for feasibility, engi- neering, and design studies do not Con - etituto a contractual obligation under this paragraph. (1) The terms NPDES Permit or Permit magna a permit issued to a POTW pur suant to section 402 of the Act. (m) The term NPDES State meana s State (aa defned in 40 CFR 122.2) qr Interstate water pollution control agency with an NPDES permit pro- gram approved pursuant to section 402(b) of the Aot. (n) The term Pasr Through means a Discharge which exits the POTW Into waters of the United States in quan- tities or concentrations which, alone or in conjunction with a discharge or dla- charges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (Including as Increase in the magnitude or derat(en of a violation). (a) The term Publicly Ouoned Treat- ment Works or POTW means a treat- most works as defined by section 212 of the Act, which is owned by a State or municipality (as defined by section 502(4) of the Act). This definition In- cludes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or In- duatrfal wastes of a liquid nature. It also includes sewers, pipes and other Conveyances only if they convoy wastewater to a POTW Treatment Plant. The term silo means the mu- nelpality as defined in section 502(4) of the Act. which has jurisdiction over the Indirect Divahargas to and the dls- charges from such a treatment works. (p) The term POTW Treatment Plant means that portion or the POTW which _.Is designed to Provide treatment Un- eluding recycling aid reclamation) of municipal sewage ee--¢¢d Industrial waste. (q) The term Pretieatmenf means the reduction of the aa Cunt of pollutants, the elimination of p Mutants, or the sl- toration of the natUCO of pollutant properties In waste ater prior to or in lieu of discharging' r otherwise lntro- ducing such pollut*nta Into a POTW_ The reduction or al ration may be oh- ta(ned by physical. hemlcal or biologi- cal processes, pm eas changes or by other means. except as prohibited by §403.6(d). Appropr ate pretreatment technology Includ s control equip- ment, such m aqua. ization tanks or fs, cllities, for protee ton against surgea or slug loadings ttiat might Interfere with or otherwise bi+ Incompatible with the POTW. Ifoweve where wastewater from a regulated pr icess is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated Orcceas, the effluent from the equals ion facility must meet an adjuaced etrestmcat limit calculated In aCwCQ=co with §401r(e). (r) The term Prebj} atmant fequirsmentr means any substantive or pr000durel requirement telatad to Pretreatment, other than a Nat onal Pretreatment Standard, imposc4 on an Industrial User. (a) Te term Regional ional Administrator means the apPmP�ato EPA Regional Administrator. I (t) SSpnilieanl lndurtrial User. (1) Rx- capt as provided Id paragraph (tX2) of this aegtian, the [{irm. Significant in- dastrlal User meaod: (I) All industrial eacm subject to Cat- egorical FtMtreatm 3nt standards under 4o CFR 403.6 and 40 CFR chapter L aub- chapter N; and (il) Any other 14duatrial uaor that discharges ae avo a of 25,000 gallons per day or more a �rocoss wastewater to the POTW (excl ding eanitery. non - content Cecil, d border blowdown wastewater); contiributes a process wastentream which makes up 5 percent or morn of the eveqqq%��6 a dry weather by- draulia or orgah�C capacity of the PCTW treatment or is des ignated as such by!the Control Author- ity as defined In 40ICFR 403.12(x) on the 12 EXHIBIT a_J__° (rte 3 a'- *) 40 se 703 EXHIBIT °�° (p�ye L+ o� . • �y Q�( l " _:'EnvUwimontd Pfolecfboo A9Y 44035 r.r <r_ 1pafa that the fnduntrinl osas lr@-s a rear 5403Z Natldawl pretreatment stand- " equable potential for advOtsoly affect- ardc Prohibited dtechacg s, Ing the POTW'9 Opeeatton or for violat- (01) Cen IleV yrohibitianr. A User may Ing aDy pretreatment afenns d or re- not lntredupe into a POTW any qulrement (in accordanw with 40 CFR pollutaat(s) filch cause Pass Through or InWrfae . Them general prohlbi- (T Upon a finding that an industrial Lions and th 3 specific prohibitions in near meeting thO Criteria in paragraph paragraph (b of this section apply to (tX1Xfi) of this section has nq reason- each User int reducing pollutants into a able potential for adversely afrectIng' POTW wheth x or not the User Is sub - the POTW's operation or for violating lent to othe National Pretreatment any pretreatment standard or require- standards orl aDy national, State, or mane, the Control Authority (as de- local Pretrea�ment Requirements. fined in 4(1 CFR 413.12(&)) may at any (y) Affmnat ve Defenml. A User shall time, on its own initiative or to re- have an afIlr�native defense In any ac- aponso to a petition received from an tlon brought isgainst It alleging a vio- industrial Doer or POTW, and in ac- lation of the,' general prohibitions ev- cordance with 40 CFR 403.8(0(8). deter tabliahed in paragraph (axl) of this mine that such industrial user is not a ))I section and t�e specific prohibitions in significant Industrial user. paragraphs ( X3), (bX4). (b)(5), (bX6), (u) The term Submisrion means: and (b)(7) o this section where the (1) A request by a POTW for approval User can dembnetrate that: of a Pretreatment Pruerarn to the EPA (D It did no�t know or have reason to or a Director; knew that itli Discharge, alone or In (3) A MQUest by a POTW W tho EPA conjunction I th a discharge or die- or a Director for authority to revise charges frorr4 other sources, would the discharge limits in categorical cau^a Pass Through or Interference; Pretreatment Standards to reflect and Isl FOTW pollutant removala; or (iiXA) A to limit dsaigned to pre - (3) A request to the EPA by an vent Falls Thtlpugh and/or Interference, NPDES State for approval of its State as the cave may be, was developed in Pretreatment program. accordance with paragraph (c) of this section for es4¢h pollutant In the User's - (46 FR 9439, Jas 23, 1991. as amend*d at 19 Discharge th# Caused Pace Through or FR 5132, Feb. le, 1981. 4a Fit ZMW. July lo, 1884: St Fit EM30, June 4, 1906; 61 FR 23760. Interference, tind the User was in com- with each local limit dl- M 1, 193s; . I : 5 Fit J 312 11, ]98?; U7 FR 40610, out 17, 1988; 65 FR 90123, July 94. IOW] p(janee 4aell reetly prior to and during the Pass Through or I+r7f6renee; or f 403 State or local taw. (B) If a local limit designed to pre - NOthlre in this regalatlon is in- vent Pass Thrugh and/or Interference, tended to affect any Pretreatment Re- Us the rave may be, has not been devel- oped In accordance with paragraph (c) Or ay of this section,)'for the pollutant(s) that prohibition, catabng ed prghibitiona, eatabitahed by State or State cauacd the Bass Through Or Inter- . local law as long as the State or local femsec. Lire [{sor'a Discharge directly . requirements are not Iesa stringent prior to and during the Pass Through than any set forth in Nation al or Interferon did not change substan- Pretreatment Standards, or arty other tiauy in natrt a or conatiments from requirements or prohibitions esrnb- the User's prior discharge activity fished under the Act or this regulation_ wiles rho F0T}V was regularly in com- States with an NPDES permit program pliance with the POTW's NPDES per - approved in accordance with section mit requ(rumep.ts and. In the case of 402 (b) sad (o) of the Act, or States m- Interference, requirements questing NPDES programs, are resson- fpplicable for sewage slu a use or disposal" Bible for developing a State (b) Specific ahibitfons. In addition, pretreatm nc nt program in scenrdae the following �aMutants stall not be with §403.10 of this regulation" introduced )nt9 a POTW: 13 EXHIBIT °�° (p�ye L+ o�